(영문) 수원지방법원 2020.07.24 2020고단2800

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.07.24 2020고단2800

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2015, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the same court on June 28, 2017 to a fine for the same crime.

On April 11, 2020, at around 02:05, the Defendant driven CA7 vehicle at approximately 2 km from the front side of the building in the Pulsung City to the return middle distance 24-14, from the front side of the building in the Pulsung City to 0.12% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is that the defendant, who has a record of drinking driving, re-driving, and the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to drinking in this case;

Since the Defendant was punished for drinking driving on June 2017, the Defendant again committed the instant crime for not more than three years, there is a lot of possibility of criticism.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant has no record of criminal punishment other than the above two-time fine, and the defendant has no record of criminal punishment other than the above-mentioned two-time fine, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., as stated in the records, shall be determined by the sentence as ordered, taking into account the various circumstances,

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